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AMAN ULLAH RANJHA versus SPECIAL JUDGE, ANTI-CORRUPTION, SARGODHA


Sections 202 and 5 (2) of the Pakistan Criminal Law Amendment Act (XL of 1958), Sections 5 and 6 of the Criminal Procedure (XLV of 1860), Sections 410, 420, 468, 471 and 161 of the Corruption Act (II of 1947). , Section 5 (2) Special Complaint Anti-corruption, after recording the complainant's statement in a private complaint, handed over the inquiry / inquiry to the Deputy Director Investigation Anti-Corruption Establishment, which was later assigned to D-section P (Legal). Under which it was decreed that the Special Judge could not do so. The submission of the complaint / inquiry to the D section P (Legal), because under the provisions of the Pakistan Criminal Law Amendment Act 1958, being a special law, the Code of Criminal Procedure, 1898, which was a common law and its Section 5 (6) of the Act was passed in support of its section 202, the CCP started any court with a sentence rather than mentioning a magistrate, session judge, special judge, etc. The Special Judge's Section 202, CRPC, was incorporated by any court. Therefore, the provisions of section 202, as applicable under the CCP, were not related to the procedure contained in the Code of Conduct 1898 of the Code of Conduct of the Pakistan Criminal Law Amendment Act, 1958, which was applied to the proceedings of the Special Judge. ) In view of Sections 5 and 6 of the Pakistan Criminal Law Amendment Act, 1958, the Special Judge, by anti-corruption, was rightly granted the affected order under section 202, CR PC, and it was not illegal or Legal weakness was not a review request. Excluded accordingly

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